happened today could have happened 30 days from now. this is whattheobamaadministrationwants. they don't care about the intelligence. they made it very clear they want people to have lawyers, to have trials and if we lose intelligence in the process, they say that's regrettable but that's just the way it is. that is unacceptable to me. it should be unacceptable to anybody who cares about preventing future terrorist attacks. >> mitch epnor it has my back up. who cares about my back. all i'm saying it sounds like this is the criminal justice model not a terrorist bombing warfare model. that's something that if administration has been accused of. did they make a mistake here? >> well, i'm going to agree it is a criminal justice model and not a terrorist enemy combatant model. that's clearly true. >> why is it true? >> it's true because he was charged under a criminal complaint today. he was brought before a magistrate. they followed standard operating procedure, every appearance to a criminal complaint t. magistrate always, always informs the defendant that he has a right to a lawyer, tha

. so the tension is going to focus ontheobamaadministrationand following this. we saw during the presidential election campaign mitt romney continually criticized the president being soft on terrorism inspect.. >> and the benghazi incident where it seemed they -- responding to the threat sfp. >> the obama administration was reluctant to use the word terrorism and link it with al qaeda. we saw that a little bit last week, a day before the word "terrorist" was used. this is the line the republicans will use against the president, that he's soft on terror. we're already seeing senior republicans accusing the fbi of dropping the ball on this one, senator lindsay graham and senior members of the house. >> are they justified? is there any way of knowing how many threats like this come into the u.s. on a daily, even hourly basis, and whether in the grand scheme of thing this one ought to have raised the flags? >> i'm not privy to the particular piece of intelligence on this. i imagine obviously they would have thousands of these and things on an annual basis. lindsey graham has said

as opposed to within the criminal justice system, which seems to be whattheobamaadministrationwill do. after all, he is a u.s. citizen. he carried out the crime on u.s. soil. and there doesn't seem to be a whole lot of legal basis to try him as enemy combatant, which is not to say there aren't going to be more calls particularly from the right to do just that. >> when in theory you have so much evidence on american soil, why tarnish the prosecution by going enemy combatant. if you have no backlash from anybody who says you didn't do it the right way. >> he stole a suspect. but clearly -- you've got to walk through the process, right? >> i was thinking this weekend, again, and i'm speculating, you read the articles. we know now he ran after his own brother. you know what the defense is going to be. i was brainwashed by my brother. i ran over him to get away. >> the older brother, basically was even asked to leave his own mosque because his anti-american views were so strong that the islamic community in cambridge was outraged. >> if they saw this happen, raise this question and raise h